Heaney v. Letchworth

Appellate Division of the Supreme Court of New York

Heaney v. Letchworth

12 A.D.2d 877, 210 N.Y.S.2d 209, 1961 N.Y. App. Div. LEXIS 13503

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1961

StatusPublished

This text of 12 A.D.2d 877 (Heaney v. Letchworth) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heaney v. Letchworth, 12 A.D.2d 877, 210 N.Y.S.2d 209, 1961 N.Y. App. Div. LEXIS 13503 (N.Y. Ct. App. 1961).

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Opinion

Order unanimously reversed, with $25 costs and disbursements and motion granted, with $10 costs, with leave to serve a second amended complaint within 20 days after service of a copy of the order to be entered herein with notice of entry. Memorandum: While we agree that the entire alleged libelous articles need not necessarily be set forth in full, excerpts from the alleged libelous material here pleaded lack sufficient clarity and distinctness to set forth legally sufficient causes of action. (Appeal from order of Erie Special Term denying defendant’s motion to dismiss plaintiff’s complaint.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Order unanimously reversed, with $25 costs and disbursements and motion granted, with $10 costs, with leave to serve a second amended complaint within 20 days after service of a copy of the order to be entered herein with notice of entry. Memorandum: While we agree that the entire alleged libelous articles need not necessarily be set forth in full, excerpts from the alleged libelous material here pleaded lack sufficient clarity and distinctness to set forth legally sufficient causes of action. (Appeal from order of Erie Special Term denying defendant’s motion to dismiss plaintiff’s complaint.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Bluebook (online)

12 A.D.2d 877, 210 N.Y.S.2d 209, 1961 N.Y. App. Div. LEXIS 13503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heaney-v-letchworth-nyappdiv-1961.